[HISTORY: Adopted by the Town Board of the Town of Wawarsing as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-6-1997 by L.L. No. 5-1997]
No motor vehicle or motorcycle shall be operated or parked in any Town of Wawarsing park, playground, athletic field or swimming pool area, except on driveways or parking areas provided for motor vehicles or motorcycles, and they are prohibited on any footpath, grassland or other area not designated for such use within the park. Off-road vehicles (ORV's), all-terrain vehicles (ATV's) and snowmobiles are prohibited within the boundaries of any park, playground, athletic field or swimming pool area without the express permission of the Town Board or Town Superintendent of Highways.
First conviction of a violation of this article shall result in a fine not to exceed $100; each subsequent conviction of a violation of this article shall result in a fine not to exceed $250.
[Adopted 10-17-2024 by L.L. No. 3-2024]
The purpose of this article is to regulate activities and behavior on the multi-use trails, known as "Rail Trails" in the Town of Wawarsing, owned and/or operated in the Town of Wawarsing, so as to enhance the enjoyment of and provide protection for all persons using the Rail Trails and to provide appropriate penalties and enforcement procedures for violations.
The use of motor-driven vehicles or of any motorized equipment (other than the use of mechanized or motor-driven wheelchairs or other similar personal conveyance devices by physically impaired persons) on the Rail Trail is prohibited, including without limitation, the use of automobiles, trucks, tractors, all-terrain vehicles, motorcycles, motor bikes, mini bikes, dirt bikes, electric assisted scooters, Class Two bicycles with electric assist as set forth in Vehicle and Traffic Law § 102-c(b), snowmobiles, or similar contrivances or devices.
Motor-driven vehicles and motorized equipment authorized by Town personnel to perform maintenance activities or emergency vehicles utilized by police, fire, rescue or other like personnel in the performance of their official duties shall be exempt from the provisions of this article. Also exempt shall be traditional bicycles and Class One bicycles with electric assist as set forth in Vehicle and Traffic Law § 102-c(a).
Only domestic animals such as dogs shall be allowed on the Rail Trail. Dogs shall be on leashes of no more than six feet. Such animals are to be under control at all times so as not to pose a threat to others use and enjoyment of the Rail Trail. Such animals are not to damage the Rail Trail, and any waste left by such animals is to be removed immediately by the owner or person in charge of such animal.
No person shall leave, deposit or throw any litter or throwaways. The policy shall be that anything carried in will be carried out.
There shall be no willful damage or destruction of any Rail Trail property, whether such property is man-made or naturally occurring. No person shall willfully mark, deface, disfigure, injure, tamper with or displace or remove any landscaping, trees, plants, tables, benches, railings, pavings or paving materials, signs, notices, monuments, stakes, posts or other boundary markers or other structures or equipment, facilities or Rail Trail property or appurtenances whatsoever, either real or personal.
Rail Trails shall be open to the public every day of the year from dawn until dusk unless otherwise closed or posted for repairs or construction.
Upon conviction for a violation of this article, a person shall be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law of the State of New York, which shall be punishable as follows:
A. 
For the first offense, by the payment of a fine not to exceed $50.
B. 
For a second offense, by the payment of a fine not to exceed $100.
C. 
For a third offense or subsequent offense, within a period of five years, by the payment of a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment.